Miscellaneous Terms and Conditions. 11.1 Nothing contained in this Amendment shall be deemed: (a) to obligate Verizon to offer or provide unbundled access to any UNE (whether as a stand-alone UNE, as part of a combination, or otherwise) that was not already available to Customer under the Agreements prior to this Amendment, (b) to obligate Verizon to offer or provide unbundled access at rates prescribed under Section 251(c)(3) of the Act to any facility that is or becomes a Discontinued UNE, whether as a stand-alone UNE, as part of a combination, or otherwise or (c) to limit any right of Verizon under the Agreement (independent of this Amendment), any Verizon tariff or SGAT, or otherwise, to cease providing a Discontinued UNE, whether as a stand-alone facility, as part of a combination, or otherwise.
11.2 Notwithstanding any other provision of the Agreement, and without limiting any existing rights Verizon may have to cease providing UNEs that are discontinued under Applicable Law, in the event that the FCC determines or has determined (whether by forbearance of existing rules, a rule change or otherwise) that Verizon is not required to provide any UNEs contained in the Amended Agreements beyond the UNEs specifically addressed in this Amendment, then Verizon (to the extent it has not already done so prior to execution of this Amendment) may implement such discontinuation by notifying Customer and/or by publishing notice of such discontinuation on Verizon’s wholesale website, and no amendment to the Amended Agreement shall be required for such purposes. Any such notice that Verizon issues (or has issued) shall address, among other things, the date on which new orders are disallowed and any transition period that is required for the embedded base (which shall be at least 90 (ninety) days unless the FCC requires a longer transition period for the embedded base). After the end of any such transition period, Customer’s embedded base of the subject UNE will be treated as a Discontinued UNE under Section 10 above.
Miscellaneous Terms and Conditions. 1. The Settling Parties acknowledge that the Licensee’s failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke RFC’s license to engage in the business of a mortgage banker under Article 12-D of the Banking Law.
2. The Settling Parties acknowledge that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting RFC, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter whether related or not to such violations.
3. This Agreement may not be altered, modified or changed unless in writing and signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent or her designee.
6. All written communications to the Department regarding this Agreement should be sent as follows. Attention:
Miscellaneous Terms and Conditions. The following terms and conditions also apply.
Miscellaneous Terms and Conditions. 1. Lifestyle acknowledges that its failure to comply with any of the terms and conditions of this Agreement may result in the Department taking action to revoke Lifestyle’s registration to engage in the business of a mortgage broker under Article 12-D of the Banking Law.
2. Lifestyle acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Lifestyle, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter whether related or not to such violations.
3. This Agreement may not be altered, modified or changed unless in writing signed by the Superintendent or her designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or her designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent for Mortgage Banking.
6. All written communications to the Department regarding this Agreement shall be sent as follows. Attention:
Miscellaneous Terms and Conditions. 8.1 Acquisition of 50% of Jet Aviation Trading, Inc. The parties agree that Buyer's obligations under this Agreement are conditioned upon Buyer acquiring not less than 50% of the issued and outstanding shares of the capital stock of Jet Aviation Trading, Inc.
Miscellaneous Terms and Conditions. 1. PMS acknowledges that its failure to fully comply with any of the terms and/or conditions of this Agreement may result in the Department taking action to suspend or revoke its license to engage in business as a registered mortgage loan broker.
2. The Superintendent has agreed to the terms of this Agreement based on the written representations made to the Department, or the written materials submitted to the Department, by PMS - either directly or through its counsel - and the Department’s findings. To the extent that the written representations or written submissions, made by PMS to the Department - either directly or through its counsel - are later found to be materially incomplete or inaccurate, this Agreement is voidable by the Superintendent in her sole discretion.
3. Upon the request of the Department, PMS shall provide all documentation and information necessary for the Department to verify full compliance with this Agreement.
4. PMS represents and warrants, through the signature below, that the terms and conditions of this Agreement were duly approved, and execution is duly authorized.
5. This Agreement and any dispute thereunder shall be governed by the laws of the State of New York without regard to any conflict of laws principles.
6. PMS waives all rights to further notice and hearing in this matter as to any allegations of past violations up to and including the effective date of this Agreement and agrees that no provision of the Agreement is subject to review in any court or tribunal outside of the Department.
7. In the event that one or more provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
8. PMS acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting PMS, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violation cited herein, or any other matter whether related or not to such violations.
9. This Agreement may not be altered, modified or changed unless in writing signed by the Superintendent or her designee.
10. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the...
Miscellaneous Terms and Conditions. 15.1 Each party agrees to hold in confidence and refrain from using, distributing, disseminating or disclosing to others any information of the other party that is designated by the discloser as “confidential” other than pursuant to this Agreement. The restrictions set forth in the preceding sentence shall not apply to confidential information that a receiving party proves: (a) was, at the time of disclosure hereunder, in the public domain or becomes at a later date reasonably available to the public through no fault of the recipient; (b) was in the possession of recipient prior to disclosure hereunder, as evidence by recipient’s written or tangible evidence: (c) was disclosed to recipient by a third party that has an independent right to disclose the information; (d) was independently developed by recipient as evidenced by competent proof; or (e) was required to be disclosed by judicial order, statute or governmental regulation, provided that the disclosing party is given reasonable prior written notice of any such required disclosure. This Section shall survive termination of this Agreement and any extension thereof, for a period of three (3) years.
15.2 The parties hereto shall be deemed to have the status of independent contractors, and shall have the relationship of buyer and seller. Nothing in this Agreement shall be deemed to place the parties in the relationship of partners, licensor-licensee, principal-agent or joint venturers. Neither party shall have any right or authority to create or assume any obligation or to bind the other party in any manner whatsoever.
15.3 Neither party shall assign this Agreement or their rights hereunder without the prior written consent of the other party, provided that this Section shall not apply to an assignment by X. Xxxxx to an affiliated Company or any successor to its business. This Agreement shall inure to the benefit of, and be binding upon, the permitted assigns and successors of the parties hereto.
15.4 Any notice or request required or permitted to be given under or in connection with this Agreement shall be in writing and shall be deemed given only if delivered personally, sent by registered or certified mail, return receipt requested, or by overnight delivery service to the applicable address set forth above or such other address as a party may have specified in a notice duly given to the other party as provided herein,
15.5 This Agreement, including the Appendixes and exhibits attached hereto, and X. Xx...
Miscellaneous Terms and Conditions. (a) Each party understands and agrees that Executive or it assumes all risk that the facts or law may be, or become, different than the facts or law as believed by the party at the time Executive or it executes this Agreement. Executive and the Company acknowledge that their relationship precludes any affirmative obligation of disclosure, and expressly disclaim all reliance upon information supplied or concealed by the adverse party or its counsel in connection with the negotiation and/or execution of this Agreement.
(b) The parties warrant and represent that they have been offered no promise or inducement except as expressly provided in this Agreement, and that this Agreement is not in violation of or in conflict with any other agreement of either party.
(c) All covenants and warranties contained in this Agreement are contractual and shall survive the closing of this Agreement.
Miscellaneous Terms and Conditions. 1. Xxxxxxxx acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke Fidelcap’s registration to engage in the business of a mortgage broker under Article 12-D of the Banking Law.
2. Fidelcap acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Fidelcap, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter or matters whether related or not to such violations.
3. This Agreement may not be altered, modified or changed unless in writing signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent.
6. All written communications to the Department regarding this Agreement should be sent as follows. Attention:
Miscellaneous Terms and Conditions. 1. Registrant acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke Registrant’s registration to engage in the business of a mortgage broker.
2. Registrant acknowledges that entering into this Agreement shall not bar, estop or otherwise prevent the Superintendent or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Registrant, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assignees with respect to the violations cited herein, or any other matter, whether related or not to such violations.
3. This Agreement may not be altered, modified or otherwise changed unless in writing and signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and will remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. All written communication to the Department regarding this Agreement shall be sent to: Xxxxxx X. Xxxxxxxx Deputy Superintendent New York State Department of Financial Services Xxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000
6. All written communication to the Registrant regarding this Agreement shall be sent to: Xxxxxx X. Xxxxxxx Owner Xxxxxx X. Xxxxxxx Esq. LLC D/B/A Double T 000 Xxxxx Xxxx, Xxx. 0X Xxxx Xxxxx, XX 00000
7. No extension or waiver of the terms of this Agreement shall be binding on the Department unless it is in writing and signed by the Superintendent or Deputy Superintendent.
8. The effective date of this Agreement is the date on which it is executed by the Superintendent or Deputy Superintendent.
9. This Agreement is not confidential; therefore, it is available to the public. WHEREFORE, the Settling Parties hereto have caused this Agreement to be executed:
